Hit by a Shopping Cart

[K_23]

What is the name of your state? GA
It was a windy day, and I was driving thru' Home Depot's praking lot, a shopping cart came out in front of the Exit door and hit my car. There is a big dent on the Left hand side.

I met with the Home Depot's manager on duty and he took my info and the Home Depot's insurace company called me next day (they have also sent a letter with claim # and denial) to tell that if there employee was not involved in this incident they will not be paying out any damages.

I want to know Why? Are they not suppose to keep the shopping carts at the right place? If wind blows a chair at you when sitting in an open air resturant - is the resturant not liable for paying out your medical claim?

I do not have any factual proof as no one saw me, but can I request for the tapes from the monitoring cameras of the store to review the facts?

I have not filed a police report as I was in a hurry...

appreciate your professional advice on this situation and Can I claim the damages from Home Depot.

K

 

[teflon_jones]

In both of your examples, Home Depot and the restaurant, neither is responsible for the wind blowing and hance is not responsible for any damages.

 

[zippysgoddess]

Also if you look around the store and parking lot, you will usually see notices that they will not be held liable for damages to your property caused by shopping carts or other drivers. They have no control over the weather, other shoppers, where someone leaves a cart and etc. You are SOL.

 

[JETX]

I want to know Why?

Because the windblown cart was an 'Act of God'. Just like when a tree is blown over and causes damage. Unless you can show that the center was somehow negligent, they are not liable.

Are they not suppose to keep the shopping carts at the right place?

Since the carts are under the control of their customers, they have no obligation to control the carts.

If wind blows a chair at you when sitting in an open air resturant - is the resturant not liable for paying out your medical claim?

Same as above..... no.

 

[BelizeBreeze]

Because the windblown cart was an 'Act of God'. .

Yep, even God needs a new supply of Moose Tracks now and then